Senate committee advances bill protecting first responders from fentanyl exposure

TALLAHASSEE, Fla. – The Florida Senate Appropriations Committee on Criminal and Civil Justice favored a bill on Tuesday charging adults with a second degree felony for exposing first responders to fentanyl.

Sen. Jay Collins, R-Tampa, filed SB 718. The vote was 9-0.

“What this bill does is focused on our first responders and ensuring that when they go into a scene where they’re called to serve our community to help keep people safe, that if they are exposed to fentanyl, or a fentanyl prologue or precursor, we hold those people accountable,” Collins said to the committee.

Collins added the penalty carries up to 15 years in prison or a $10,000 fine.

He also included an amendment specifying recklessly as “wilful or wanted” disregard to the safety of first responders who are exposed to fentanyl causing bodily injury. It also gives them a defense for acting outside their primary duties.

Sen. Jason Pizzo, D-Hollywood, questioned if amendment defined “willful and wanted” to include a person using drugs in their bedroom.

“I think a lot of that’s going to be case by case,” Collins said. “I struggle with the sanctity of the home versus utilizing something and exposing a first responder who has been called in good faith to rescue you or provide for you to risk.”

Collins, in giving scenarios, tried to distinguish between personal consumption and reckless intent, offering a precursor of fentanyl being created in a lab.

“I do think that is exactly reckless. That’s where I find think you find the line,” Collins said.

Despite mentioning a “gray area”, Rizzo supported the bill.

Sen. Dennis Baxley, R-Lady Lake, stressed the point of personal responsibility in support.

“I have no doubt that there needs to be a much, much stronger accountability for having any possession of this and to the enhanced danger that it is to everybody that comes in touch with,” Baxley said.

Sen. Darryl Rouson, D-St. Petersburg, asked the difference between a panic reaction and an overdose.

“Panic is generally a fight or flight response caused by the human being reacting to a stressor,” Collins said. “If you’re exposed to fentanyl, or you’re exposed to a prologue or a precursor that actually physiologically affects your body because of the chemical breakdown, chemical makeup of those drugs, your body responds negatively to those those chemicals.”

Rouson stated he still had concern over missed prosecutions as it pertained to emotional reactions versus overdoses.

“You’re still going to have to have testing to prove that there has been a chemical upload to this,” Collins said. “Our intent just for clarity is to ensure that we don’t have those false situations happen. We don’t want a stress reaction to be something that puts somebody in life in prison or affects their life negatively.”

Rep. Jessica Baker, R-Jacksonville, filed a similar bill to SB 718.

“We know we stand with our first responders, there is no doubt,” Collins said. “We want to make sure that as a body, as leaders in this state, we do stand by them.”

SB 718 now moves to Fiscal Policy for approval. It will take effect if fully passed on Oct. 1.